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Home My WebLink AboutCCMinutes_2005_06_28 3 � 4 Brookings City Council June 28, 2005 The Brookings City Council held an action meeting on Tuesday, June 28, 2005 at 5:30 p.m., at City Hall with the following members present: Mayor Scott Munsterman, Council Members Tom Bezdichek, Tim Reed, Julie Whaley, Ginger Thomson, and Michael Reitz. Michael Bartley was absent. City Manager Alan Lanning, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present. Consent A�enda. A correction in the June 7, 2005 minutes was noted. Action on Resolution No. 44- O5, regarding final change order on 34th Avenue was removed from the agenda. Action on Resolution 57-OS declaring police vehicles surplus, action on Resolution No. 58-OS Authorizing the Mayor to sign an agreement for the FAA Grant(AIP Project No. 3-46-0005-1'7-2005), and an Executive Session regarding pending litigation were added to the agenda. A motion was made by Reed, seconded by Thomson, to approve the consent agenda which included: 1 . Adoption of the agenda as amended; 2. Approval of the June 7,June 14 and June 21 City Council Meeting Minutes; 3. Action on Resolution No. 52-05, for Federal Aid Surface Transportation program; RESOLUTION NO.52-05 RESOLUTION FOR FEDERAL AID SURFACE TRANSPORTATION PROGRAM 22ND AVENUE FROM 20'�STREET SO.TO 32ND STREET SO. WHEREAS, the Brookings City Council desires the 2006 construction and improvement of the road as hereinafter described: LOCATION AND LENGTH: 22"d Avenue from 20�` Street So. To 32"d Street So. (1.0 mile) Estimated cost: $200,000. AND WHEREAS, The City of Brookings is obligated and hereby agrees to provide proper maintenance as required by the federal Highway Act as amended and supplemented thereto for the project after construction is completed and to regulate or cause to be regulated the installation of utility facilities within the limits of the right-of-way of the proposed project in accordance with State and Federal requirements. AND WHEREAS,The City of Brookings is obligated and hereby agrees to reimburse the State for all costs not reimbursable with Surface Transportation Progam(STP)Funds and associated State matching funds. - NOW, THEREFORE, BE IT RESOLVED, that The South Dakota Department of Transportation be and hereby is authorized and requested to program for construction, in accordance with the approved Secondary and Off-System Road Plan Agreement and the State's "Standard Specifications for Roads and Bridges"the project hereinafter described. Type of Construction: Cold Milling,asphalt paving and plastic pavement markings. The City of Brookings will request the 90/10 SWAP of Federal funds for 100%State Funds. No Consultant Services will be needed and City Staffwill design project. No State services are required. It is estimated that the City of Brookings will have $646,312 STP and State matching funds available in year 2006 of which this project will use$200,000. 4. Action on Resolution No. 49-05, designating the official newspaper; RESOLUTION NO.49-05 RESOLUTION DESIGNATING OFFICIAL NEWSPAPER PURSUANT to SDCL 9-12-6,the City Council of the City of Brookings,South Dakota,hereby designates the Brookings Re�ister as the official newspaper for the City of Brookings for the ensuing year. 5. Action on Resolution No. 50-05, designating the official depositories for municipal funds; RESOLiJTION NO.50-OS RESOLUTION DESIGNATING BANKS AS DEPOSITORIES PURSUANT to SDCL 9-22-6 and 6.1,the City Council of the City of Brookings,South Dakota, designates the following banks as depositories for Municipal Funds of the City of Brookings for the ensuing year: First Bank&Tnzst ' Wells Fargo Bank BankFirst Meta Bank Home Federal Savings Bank Security National Bank 6. Action on Resolution No. 51-05, declaring surplus property; RESOLUTION NO.51-OS APPRAISING AND AUTHORIZING SALE OF SURPLUS PROPERTY WHEREAS,the City of Brookings has surplus items as listed in a Notice of Sale that are no longer necessary or useful for City purposes,and it is the desire of the City to dispose of same as surplus property; NOW,THEREFORE,BE IT RESOLVED,that all the attached listed property declazed surplus by the City Council. FURTHER BE IT RESOLVED by the City Council that the property be offered for sale at public auction on July 28,2005. ENG1rtEERING DEPT:Noblis Pentium II 266 Computer,monitor,and keyboard(E063-98),Noblis Pentium II 300 Computer,monitor and keyboard(E 065-98),Box of unused floppy disks,Misc. assortment of floppy disk storage cases,small wooden child's desk chair,Chrome bar chair FIRE DEPT.: 2—8'Flourescent light fixtures, 10—4'Flourescent light fixtures,2 Briggs& Stratton Engines with water pumps, Scottsman Commercial Ice Maker,Manitowac Commercial Ice Maker,Commercial Dish Washer,Commercial Garbage Disposal&Drain Boazd, Westinghouse Electric Range,Commercial Electric Deli Unit,2 Frymaster Gas Deep Fat Fryers, Commercial Gas Grille with Burners,Commercial Table Top Grille,8'Electric Baseboard Heater, 10' Sliding barn door track and hardware,Grease pump,34"Hollow Core Door,Assorted old carbon dioxide fire extinguishers,Assorted automobile parts LIBRARY:Book drop(without carts),Metal desk with typing extension,Large AV cart,Round display shelving,5 ft. Wooden ladder,8 ft.Wooden ladder,Cordless phone,File drawers for 8"x 6"cards(2 drawers),Ceramic letters,Record bin,Microfilm cabinet(2 drawers on rolling stand), 2 Panasonic dot matrix printers,NEC printer,Epson LQ 870 printer,2 PC keyboards,Dell PC,2 Gateway PC,Computer Monitor,Security camera P�t1cs.RECREATION&FO�tESTttY: Cushman Utility Vehicle(Engine needs repair),MTD Rider Mower,Scale for Chlorine Tanks,Barrell of Tank Saver Chemical,Set of Tire Chains,Brake Drum Lathe,portable Chain Hoist,3-Point Hitch Auger,Concrete Playground Turtle,Steel Fence Posts,Weed eater,Misc.Commercial Kitchen Equipment PoLiCE DEpT: 1970 Condor model motorhome-VIN:PSOCV404863 This motorhome was purchased used as a mobile command post as needed, 1990 Chevrolet Caprice Classic 4 door, white in color-VIN: 1G1BN54E8LR128024 Mileage: 146,009;2005 BIKE LIST: Woman's Road Master Mt.Fury Mt„Boys Dyno Zone Trick Bike,Men's Murray Vectra Mt.Bike,Boys Schwinn Frontier Mt.Bike,Men's Schwinn Aluminum Comp Mt.Bike,Girls Huffy Mojave Gulch Mt.Bike,Men's Schwinn Mirada Mt.Bike,Men's Huffy Shadow Cannon Mt.Bike, Woman's Murray Ultra Terrain Mt.Bike,Men's Trek 850 Mt.Bike,Men's Schwinn Sierra Mt. Bike,Men's Huffy Maxx Mt.Bike,Men's Murray Ultra Terrain Mt.Bike,Women's Next All Terrain,Men's Huffy Dash Mt.Bike,Women's Grant Rincon Mt.Bike,Men's Trek Mt.Bike, Woman's Huffy Mt.Bike,Men's Trek Mt.Bike,Boys Road Master Mt.Bike,Boys Equator Single Speed Trek Bike,Boys Huffy Trek Bike,Men's Free Spirit Road Bike,Woman's Road Master Mt.Bike,Boys Road Master Mt.Bike,Men's Schwinn Road Bike,Men's Nishiki Mt. Bike,Men's MGX Mt.Bike 21 speed,Men's Mt.Bike Unknown brand,Men's Murray Mt.Bike, Woman's Magna Mt.Bike,Men's Road Master Mt.Bike, Woman's Road Master Mt.Bike, Men's Tiger Cycle Road Bike,Men's Jazz Mt.Bike,Men's Road Master Mt.Bike,Woman's Huffy Road Bike,Men's Pacific Mt.Bike,Woman's Huffy Mt.Bike,Men's MGX Mt.Bike, Woman's Road Master Mt.Bike,Men's Road Master Mt.Bike,Men's Road Master Mt.Bike, Men's Road Master Mt. Bike,Men's Mt.Bike(Unknown),Woman's Road Master Mt.Bike, Men's Next Mt.Bike,Woman's Road Master Mt.Bike,Boys Next Mt.Bike,Men's Road Master Mt.Bike, Woman's Huffy Mt. Bike,Men's Fuji Road Bike,Men's Murray Mt.Bike,Men's Trek Mt.Bike,Men's Huffy Mt. Bike,Men's Road Master Mt.Bike,Woman's Road Master Mt.Bike, Men's Schwinn Mt.Bike,Men's Giant Mt.Bike,Men's Huffy Mt.Bike,Men's Murray Mt.Bike, Men's Murray Mt.Bike,Men's Huffy Mt.Bike,Men's Huffy Mt.Bike,Men's Murray Mt.Bike, Men's Huffy Mt.Bike,Men's Huffy Mt.Bike,Men's Giant Mt.Bike,Men's Huffy Mt.Bike, Men's Road Race Mt.Bike,Men's Magna Road Bike,Men's Schwinn Road Bike,Men's Murray Mt.Bike,Men's Huffy Mt.Bike,Woman's Huffy Mt.Bike,Men's Huffy Mt.Bike,Woman's Huffy Road Bike,Boys Murray Bike,Boys Road Master Bike,Boys Trick Bike,Girls Single speed bike,Men's Diamond Back Mt.Bike,Boys Murray Mt.Bike,Men's Nishiki Mt.Bike, Boys Trek Trick Bike,Boys Huffy Trick Bike,•Boys Huffy Scooter,Boys Schwinn Trick Bike, Boys Equator Trick Bike,Boys Huffy Trick Bike,Boys Huffy Trick Bike,Children's Kettcars (Safety Town cars),Woman's Huffy Savannah Mt.Bike,Woman's Huffy Leading Edge Mt.Bike, Men's Free Spirit Mt.Bike,Men's Trek Mt.Bike,Men's Next Mt.Bike—18 speed,Men's Magna Mt.Bike—15 speed,Woman's Jazz Voltage Mt.Bike,Men's Huffy Stalker Mt.Bike,Woman's Road Master Mt.Fury Mt.Bike,Woman's Huffy Echo Terra Mt.Bike,Men's Vertical Mt.Bike— 21 speed,Men's Huffy Stalker Mt.Bike—10 speed,Girls Huffy Bike,Boys Mongoose Outer Limit Trick Bike,Woman's Road Master Mt.Sport SX Mt.Bike,Woman's Murray Mt.Bike, Men's Road Master Mt. Sport SX Mt.Bike,Men's NEXT Shocher Mt.Bike,Men's Jazz Latitude Mt.Bike,Men's Huffy Trinidad Mt.Bike,Men's Trek 6000 Mt.Bike,Men's Next Power Climber Mt.Bike,Men's Coast Kins,Men's Diamond Back Outlook Mt.Bike,Woman's Murray Ultra Tenain Mt.Bike,Men's Schwinn Frontier Mt.Bike ST1tEET DEPT: 1981 brown Chevrolet 2x4 pickup('/,ton,Model C2500, Serial #IGBGC24T7BJ105450),2-way radio(standard model, Serial#U280201),5 '/.disk storage box, watering can,corn husk wreath,manila file folders Landfill&Solid Waste Collection: Gateway Computer&Monitor SWIFTEL CENTER: HP Colorado 20GB Zip Drive,HP 3500C Scanjet Scanner,2 Quartet 2'x3' Lobby Signs wfletters,2-30-Cup Coffee Makers, 100 Used Multi Vapor R400 bulbs, 140-3'x 8' Drapes(Blue),Opus 7 Drawer Medical cart,HP1220C Deskjet Printer,Metal Easter Basket,Le Clic LC25BV 35 mm, Small Plastic toolbox,Seagate Computer backup system,3 - 13"Color Monitors,3 Computer Keyboards,Mustek 1200CP Scanner, Sony AM FM Radio,Gateway 200P5 100XL Computer,Gateway PS 166 Computer,Pickup Topper(small box),Walk-in Cooler 10'x12'x7',Several Blue Stadium seats, Several Red Stadium seats w/&ames,Scrap Aluminum, Squirrel cage fan 7. Action on Resolution No. 55-05, awarding bids on AARF truck for the Municipal Airport; RESOLUTION NO.55--OS RESOLUTION AWARDING BIDS ON AIRCRAFT RESCUE AND FIRE FIGHTING VEHICLE . Whereas,the City of Brookings is desirous of purchasing an Aircraft Rescue and Fire Fighting Vehicle,and � Whereas,the City of Brookings is obligated and hereby agrees to provide an Aircraft Rescue and Fire Fighting Vehicle as required by FAA Part 139,and Whereas, the City of Brookings is obligated and hereby agtees to be reimbursed by the Federal Aviation Administration for 95%and SD State Aeronautics Department for 2%,and Whereas,the City has received the following bids for an Aircraft Rescue and Fire Fighting Vehicle: Base Bid General Safety Equipment,Wyoming,MN $266,703.00 Now There�ore,Be It Resolved that the low bid of General Safety Equipment,Wyoming,MN,for $266,703.00 for the Base Bid be awarded upon receiving Federal Grant No.AIP 3-46-0005-1'�- 2005. 8. Action on Resolution No.56-05,change order for AARF tcuck for the Municipal Airport. RESOLUTION NO.56-OS A RESOLUTION AUTHORIZING CI�ANGE ORDER(CCO#1)FOR AIRCRAFT RESCUE AND FIRE FIGHTING VEHICLE � GENERAL SAFETY EQUIPMENT,WYOMING,MN BE IT RESOLVED by the City Council that the following change order be allowed for Aircraft Rescue and Fire Fighting Vehicle: Change Order Number 1: Upgrade for lights and radios for the Aircraft R@scue and Fire Fighting Vehicle;Adjust base bid for Aircraft Rescue and Fire Fighting Vehicle to include upgrade for lights and radios for a total increase of$6,478.00. 9. Action on Resolution No. 57-OS declaring police vehicles surplus; and RESOLUTION NO.57-OS DECLARING SURPLUS PROPERTY—POLICE CARS WHEREAS,the City of Brookings is the owner of the following described: 1- 2002 Ford Crown Victoria four-door sedan VIN:2FAFP71 W92X138423 1—2003 Ford Crown Victoria four-door sedan VIN:2FAHP71 W83X190779 WHEREAS,this properiy is no longer necessary or useful for City purposes and it is the desire of the City of Brookings to sell same as surplus property; WHEREAS,the City Manager has appointed three qualified appraisers the value of the property and obtained three appraisals; NOW,THEREFORE,BE IT RESOLVED by the governing body of the City of Brookings,South Dakota,that this property be declared surplus property according to SDCL Chapter 6-13. 10. Action on Resolution No. 58-OS Authorizing the Mayor to sign an agreement for the , FAA Grant (AIP Project No. 3-46-0005-17-2005). RESOLUTION NO.58-OS RESOLUTION AUTHORIZING MAYOR TO SIGN AN AGREEMENT FOR FEDERAL AVIATION ADMINISTRATION GRANT � AIP PROJECT NO.3-46-0005-17-2005 WHEREAS,the Brookings City Council desires the engineering services for an"Aircraft Rescue and Fire Fighting(ARFF)Building Site and Building Design";and WHEREAS, The City of Brookings is obligated to and hereby agrees to pay for 3% of the allowable costs incurred in accomplishing the "Aircraft Rescue and Fire Fighting (ARFF) Building Site and Building Design";and WHEREAS, that Federal Aviation Administration is hereby requested to authorize "Aircraft Rescue and Fire Fighting (ARFF) Building Site and Building Design", in accordance with the approved grant agreement. NOW,THEREFORE,BE RESOLVED,that the Mayor is hereby authorized to sign an agreement for the Federal Aviation Administration Grant AIP Project No.3-46-0005-17-2005. All present voted yes;motion carried. � House Moving. A public hearing was held on a house moving request from Andrew Hubbart to move a one-story, ranch-style home from Hendricks,MN to Lot 41, Meyer's Second Addition, also known as 3707 Pleasant View Drive. All present were given the opportunity to be heard. A motion was made by Whaley, seconded by Reed,to approve. All present voted yes; motion carried. Ordinance No. 22-OS—Large Retail Ec. Dev Investment Fund A motion was made by Reitz, seconded by Whaley, to approve the first reading of Ordinance No. 22-05, an Ordinance of the City of Brookings, South Dakota, establishing the Large Retail Economic Development Investment Fund, providing for its funding; providing for its use and providing for its rules and regulations (Lowe's project). The Mayor noted that this is first reading of the ordinance. Public comment will be allowed at this meeting but no response will be given from the Council or city administration. T'here will be opportunity for open discussion at the 7/5/OS and 7/12/OS City Council meetings. Public Discussion: George Ust, owner of Courtesy Plumbing, commented that part of his business is selling retail plumbing fixtures and parts. The proposed Lowe's store would have an effect on that part of his business. He commented that competition is good and is not opposed to Lowe's. He is opposed to tax dollars, his tax dollars over a lifetime in Brookings, going to multi-million dollar business. He doesn't understand why the former K Mart property, which is prime properry, should need help for a corporation like Lowe's to purchase that property. Steve Minor said the city needs to consider the cost and impact of infrastructure that a Lowe's would create. He also questioned the proposed financial impact of Lowe's suggesting the projected$760,000 sales tax revenue would not be a net impact from Lowe's. Some of those sales have shifted from other businesses to Lowe's. All present voted yes; motion carried. Public hearing on July 12�h Ordinance No. 18-OS—Conditional Use A motion was made by Thomson, seconded by Whaley, to approve the first reading of Ordinance No. 18-05, a conditional use to expand a mobile home/ manufactured housing park on a portion of land in the E %2, SE '/4 of Section 35-T110N-RSOW(1700 Block of Medary Ave. South). All present voted yes; motion carried. Public hearing on July 12�'. Ordinance No. 19-05-Rezonin�. A motion was made by Reed, seconded by Reitz,to approve the first reading of Ordinance No. 19-05, rezoning Lots 120-131, and 200, Onaka Village, Indian Hills Addition from a Residence R-3 District to a Residence R-2 District; and Lots 33, and Lots 37-41, Wahpeton Village, Indian Hills Addition from a Residence R-3 District to a Residence R-1B District; and Lots 34- 36, Wahpeton Village, Indian Hills Addition from a Residence R-3 District to a Residence R-2 District (Indian Hills Road and Division Ave.). All present voted yes; motion carried. Public hearing on July 12th. Ordinance No. 20-OS-Rezoning. A motion was made by Reed, seconded by T�omson,to approve the f rst reading of Ordinance No. 20-05,rezoning the N '/2 of Lot 3 and all of Lots 4, 5, 6, 7 and 8, Block 1,-. Peterson's First Addition from a Business B-2A District to a Business B-2 District(Main Ave. and 7`h Street). All present voted yes; motion carried. Public hearing on July 12tn Ordinance No. 21-OS—Conditional Use. A motion was made by Whaley, seconded by Reed,to approve the first reading for a conditional use to establish a Major Home Occupation(transmission repair) on Lot 6, Block 12,Parkdale Home Association Third Addition(901 ls`Ave.). All present voted yes; motion carried. Public hearing on July 12�'. Preliminarv Plat—Moriartv-Edgebrook& Moriartv Fourth Addition. A motion was made by Reitz, seconded by Reed,to approve a revised preliminary plat of portions of Moriarty-Edgebrook Addition and Moriarty Fourth Addition. All present voted yes; motion carried. Preliminarv Plat—Hunter's Ridge Second Addition. A motion was made by Whaley, seconded by Reed,to approve a revised preliminary plat of Blocks 1, 2 and 3,Hunter's Ridge Second Addition. All present voted yes (Bezdichek abstained); motion carried. Amendment#1 —Joint Powers Agreement. A motion was made by Reed, seconded by Whaley,to approve Amendment#1 to the Joint Powers Agreement to provide for an extension of the call provision and option for a period of up to July 6, 2011. All present voted yes;motion carried. AMENDMENT NO. 1 TO � JOINT POWERS AGREEMENT BETWEEN THE CITY OF BROQKINGS AND CITY OF BERESFORD TO PROVIDE PERSONAL COMMUNICATIONS SERVICES THIS AMENDMENT NO. 1 is entered into by and between the CITY OF BROOKINGS, SOUTH DAKOTA and the CITY OF BERESFORD, SOUTH DAKOTA on this the 28`�day of June,2005. WHEREAS,the parties to this first Amendment entered into a Joint Powers Agreement on July 6, 1999 and which Agreernent remains in full force and effect; WHEREAS,based on consideration of the commitments mad$in this Amendment and based upon . the continuation of the original Agreement mentioned previously and payment of amounts required by the City of Brookings pursuant to the Agreement,the parties hereby agree as follows: 1. Article 7.2 of the Agreement provides for a call provision in favor of the City of Brookings during years 1 through 6 of the Agreement. Therefore, this call option was to have been exercised by the City of Brookings no later than July 6,2005,which would be the end of the sixth year of the Agreement. ' The parties agree that this call provision and option in favor of the City of Brookings shall be extended up to and including July 6,2008. . 2. The parties further agree that all other provisions of the Agreement remain the same except as amended herein. IN WIINESS WHEREOF, the City of Brookings and City of Beresford have executed this Amendment No. 1 to Joint Powers Agreement between the City of Brookings and City of Beresford to Provide Personal Communications Services as of the day and year first above written. Resolution No. 53-OS—Swiftel Ctr RV Proiect. A motion was made by Bezdichek, seconded by Reed,to approve Resolution No. 53-05, a final change order for 2005-02 Swiftel Center RV Project. All present voted yes; motion carried. RESOLUTION NO.53-05 A RE50LUTION AUTHORIZING FINAL CHANGE ORDER(CCO#1 FINAL) FOR 2005-02 RV PROJECT—i7TILITIES CONSTRUCTION PRUSSMAN CONTRACTING,INC. BE IT RESOLVED by the City Council that the following change order be allowed for 2005-82 RV Project—Utilities Construction: Construction Change Order Number 1 Final: Adjust estimated quantities as"as build"for a total increase of$1,375.05.Increase contract time by 8 working days. Executive Session. A motion was made by Reed, seconded by Thomson, to enter Executive Session at 5:57 p.m. regarding to consult with legal counsel on pending litigation with the City Council, City Manager, City Attorney, and City Clerk present. All present voted yes;motion carried. A motion was made by Reed, seconded by Whaley, to leave session at 6:58 p.m. All present voted yes; motion carried, Adiourn. A motion was made by Thomson, seconded by Reed, to adjourn. All present voted yes; motion carried. Meeting adjourned at 7:35 p.m. Ci of Brookings 0 ��1Y,oFa D. sterman, Mayor o��,'. °� �1� t° T. a / N�� ,�R 9 CO�'.,� �S�� hornes, City Cler • �